Fixing culverts is the next state-tribal legal battle

It is truly astounding the number of state highways that have
culverts which block or impair the passage of salmon. Would you
believe almost every one has at least one problem culvert — and
many highways have multiple blocking culverts?

Working together, the Department of Transportation and
Department of Fish and Wildlife estimate that more than 1,800
culverts impair the passage of salmon and that 1,400 of them are
keeping the fish from reaching significant salmon spawning
grounds.

Western Washington Indian tribes have taken the position that
the state has an obligation under the treaties to keep the culverts
free, and there is an initial indication from the courts that they
have a pretty case.

I covered this issue at some length in the
Kitsap Sun on Sunday, after I realized this case appeared to be
headed to trial. Negotiations between the state and the tribes will
continue up until the trial, now scheduled for October. Depositions
are being taken at a furious pace to get them done by October.

Can the state afford to fix the culverts, estimated to cost
hundreds of millions of dollars? How soon should they be repaired?
Should the tribes be patient in these hard economic times, or even
help to fund the repairs?

The tribes will say that the state should been more careful when
the culverts were first designed, and that they have been patient
for many years.

My Sunday story has generated considerable comments. For
example, here’s what dennybop says:

What the tribes are asking of the State in this case benefits
all of us. It’s not surprising that almost every letter here that
criticizes this plan don’t seem to address the issues, but the
tribes in general. There is a knee-jerk response from many people
any time the tribes and a State or local jurisdiction face a
conflict.

Here’s part of what KitsapSon says:

If the tribes are entitled to 50% of the resource shouldn’t they
also be responsible for 50% of the restoration? Especially
considering their tax-free, monopolistic business advantages they
have been given.

And here’s a thought from justjunkemail:

Sorry, I have no empathy for what occurred over one hundred plus
years ago nor should the people of this and future generations be
on the hook for the costs. The time has come to rid ourselves of
treaties written 2 centuries ago and create a society where laws
are equal for everyone.